LAKE JOSEPH. (THECOUNT) — We are now learning that, Linda O’Leary, the wife of Shark Tank star, Kevin O’Leary, will not face jail time after all, the Public Prosecution Service of Canada announced Thursday after admitting a mistake was made during the review of guidelines in the double-fatal case.

Linda O’Leary, 56, who was charged last month for her alleged role in a fatal boat crash on Ontario’s Lake Joseph, was operating a boat when it crashed near the power-couple’s luxury cottage.

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Prosecutors said at the time that O’Leary, who was charged with careless operation of a vessel under the Canada Shipping Act, was facing a maximum penalty of 18 months imprisonment and $1-million fine. Her lawyer, Brian Greenspan, has always maintained that the interpretation of the act was wrong and that, under the law, his client was facing at most a $10,000 fine and no jail time. On Thursday, the PPSC announced that Greenspan was correct.

“After careful review of the act, the Crown determined that the PPSC’s initial position on maximum allowable penalties was not accurate,” Nathalie Houle, a spokeswoman for the service wrote in an email. The PPSC is now “of the opinion that the maximum applicable penalty for a pleasure craft’s contravention of s. 1007 of the Small Vessel Regulations is $10,000.00,” reports MSN.

The driver of the other boat involved in the collision — Richard Ruh, 57, of Orchard Park, N.Y. in suburban Buffalo — was also charged, reports TorontoSun on Tuesday.

Ruh was charged with failing to exhibit navigation lights while underway.

The charge against Ruh supports Kevin O’Leary’s claims that the other boat involved in the crash did not have its lights on.

Suzana Brito, right, and American Gary Poltash.

A boat belonging to Kevin O’Leary of Shark Tank, was involved in the crash in Ontario, Canada. The crash left one man dead, and a woman critically injured, TMZ is reporting Tuesday.

A 48 year old woman from Markham also sustained critical injuries, and was taken to hospital.

The fatal incident occurred on Lake Joseph, in Ontario, late Saturday, around 11:30 pm.

According to reports, two vessels involved were both pleasure craft, with both the Florida man and Markham woman on the same boat. The pair had been passengers on a 13-person vessel that was out for an evening cruise, enjoying the night sky and a fireworks display.

A smaller boat, owned by O’Leary, reportedly rammed the larger boat, going directly over its bow and striking a male passenger in the head, killing him instantly.

Two people on the smaller vessel needed to go to the hospital after the crash, but have since been released. The 64 year old man was also a visitor to the Muskoka area, staying at a friends cottage, reports MyMuskokaNow.

A source connected to the owner of the larger boat tells TMZ they told police after impact there was enough light to ID the people on O’Leary’s boat, and the owner said it was O’Leary and his wife. TMZ did not confirm it was Kevin and his wife.

A TMZ source says there were a total of 8 people on the larger craft. The fatality is reportedly a 64-year-old man from Florida … while the injured woman is a 48-year-old Canadian citizen. She is reportedly on a ventilator with significant brain damage.

Cops haven’t said if alcohol was involved.

“If anybody, specifically anybody that was out on the beautiful Saturday night, if they were out overlooking Lake Joseph around 11:30, if they saw or heard anything, the police would welcome them to call us,” said police.

DEVELOPING::

Geo quick facts: Lake Joseph is one of the most prestigious inland freshwater lakes, everywhere you look beautiful. Comes with a great history as well.

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